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Appeal Procedure Before The European Patent Office
The European Patent Convention (EPC), the multilateral treaty instituting the legal system according to which European patents are granted, contains provisions allowing a party to appeal a decision issued by a first instance department of the European Patent Office (EPO). For instance, a decision of an Examining Division refusing to grant a European patent application may be appealed by the applicant. The appeal procedure before the European Patent Office is under the responsibility of its Boards of Appeal, which are institutionally independent within the EPO. Overview Decisions of the first instance departments of the European Patent Office (EPO) can be appealed, i.e. challenged, before the Boards of Appeal of the EPO, in a judicial procedure (proper to an administrative court), as opposed to an administrative procedure. These boards act as the final instances in the granting and opposition procedures before the EPO. The Boards of Appeal have been recognised as courts, or t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent Convention
The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. The term ''European patent'' is used to refer to patents granted under the European Patent Convention. However, a European patent is not a unitary right, but a group of essentially independent nationally enforceable, nationally revocable patents, subject to central revocation or narrowing as a group pursuant to two types of unified, post-grant procedures: a time-limited opposition procedure, which can be initiated by any person except the patent proprietor, and limitation and revocation procedures, which can be initiated by the patent proprietor only. The EPC provides a legal framework for the granting of European patents, via a single, harmonised procedure before the European Patent Office (EPO). A si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per member state – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Videoconference
Videotelephony, also known as videoconferencing and video teleconferencing, is the two-way or multipoint reception and transmission of audio signal, audio and video signals by people in different locations for Real-time, real time communication.McGraw-Hill Concise Encyclopedia of EngineeringVideotelephony McGraw-Hill, 2002. Retrieved from the FreeDictionary.com website, January 9, 2010 A videophone is a telephone with a video camera and Display device, video display, capable of simultaneous video and audio communication. Videoconferencing implies the use of this technology for a group or organizational meeting rather than for individuals, in a videoconference.Mulbach et al, 1995. pg. 291. Telepresence may refer either to a high-quality videotelephony system (where the goal is to create the illusion that remote participants are in the same room) or to meetup technology, which can go beyond video into robotics (such as moving around the room or physically manipulating objects). Vide ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Limitation And Revocation Procedures Before The European Patent Office
In European patent law, the limitation and revocation procedures before the European Patent Office (EPO) are post-grant, ''ex parte'',OJ 2007, Special edition 4/2007, page 116, item 1. administrative procedures allowing any European patent to be centrally limited by an amendment of the claims or revoked, respectively. These two procedures were introduced in the recently revised text of the European Patent Convention (EPC), i.e. the so-called EPC 2000, which entered into force on 13 December 2007. The new Articles 105a, 105b and 105c EPC (of the EPC 2000) form the legal basis of the limitation and revocation procedures. These procedures are applicable since 13 December 2007 to all European patents, whether already granted or granted after that date. Rationale Until a decision of the Enlarged Board of Appeal of the EPO of 1994, namely G 9/93 (reverting earlier decision of the same instance of 1985, namely G 1/84), it was possible for the proprietor of a European patent to opp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
G 7/93
G, or g, is the seventh letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''gee'' (pronounced ), plural ''gees''. History The letter 'G' was introduced in the Old Latin period as a variant of ' C' to distinguish voiced from voiceless . The recorded originator of 'G' is freedman Spurius Carvilius Ruga, who added letter G to the teaching of the Roman alphabet during the 3rd century BC: he was the first Roman to open a fee-paying school, around 230 BCE. At this time, ' K' had fallen out of favor, and 'C', which had formerly represented both and before open vowels, had come to express in all environments. Ruga's positioning of 'G' shows that alphabetic order related to the letters' values as Greek numerals was a concern even in the 3rd century BC. According to some records, the original seventh letter, 'Z', had been purged from the Latin alphabet somewhat e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Merits Of The Case
In law, merits are the inherent rights and wrongs of a legal case, absent of any emotional or technical bias. The evidence is applied solely to cases decided on its merits, and any procedural matters are discounted. The term comes from Old French Old French (, , ; Modern French: ) was the language spoken in most of the northern half of France from approximately the 8th to the 14th centuries. Rather than a unified language, Old French was a linkage of Romance dialects, mutually intel ... ''merite'', meaning "reward" or "moral worth". External links Definition from Merriam-Webster.com Legal terminology {{law-term-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
IPKat
IPKat is a law blog founded in June 2003, and dedicated to intellectual property law (IP) with a focus on European law.Alex Newson, Deryck Houghton, Justin Patten, ''Blogging and other social media: exploiting the technology and protecting the enterprise'', Gower Publishing, Ltd., 2008, , p. 6.IPKat web page. Consulted on March 24, 2007. The content comprises news of recent judicial rulings, decisions of and granting authorities, primary and secondary , practice and procedural notes and recent publica ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Cooperation Treaty
The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application. A single filing of a PCT application is made with a Receiving Office (RO) in one language. It then results in a search performed by an International Searching Authority (ISA), accompanied by a written opinion regarding the patentability of the invention, which is the subject of the application. It is optionally followed by a preliminary examination, performed by an International Preliminary Examining Authority (IPEA). Finally, the relevant national or regional authorities administer matters related to the examination of application (if provided by national law) and issuance of patent. A PCT application does not itself result in the grant of a patent, since there is no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R 19/12
R 19/12 is a decision issued on April 25, 2014 by the Enlarged Board of Appeal of the European Patent Office (EPO), in which the Enlarged Board allowed an objection of suspicion of partiality against its Chairman, the Vice-President of Directorate General 3 (DG3) (the Boards of Appeal Directorate), and ordered that he be replaced, because he was also acting as member of the Management Committee of the EPO. In 2014, the effects of the decision were said to be potentially far-reaching. Following the decision, an organisational and structural reform of the EPO has been undertaken aiming at a clearer separation of the Boards of Appeal, i.e. the judiciary of the EPO, from its executive branch. See also * Art. 23 1/15, Art. 23 2/15 and Art. 23 1/16, decisions relating to the suspension of a member of the EPO Boards of Appeal * Wim van der Eijk Wim van der Eijk (born ca. 1957) is a Dutch civil servant, who held the positions of Vice-President of the European Patent Office The E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Council Of The European Patent Organisation
The Administrative Council of the European Patent Organisation is one of the two organs of the European Patent Organisation (EPOrg), the other being the European Patent Office (EPO). The Administrative Council acts as the Organisation's supervisory body as well as, to a limited extent, its legislative body. The actual legislative power to revise the European Patent Convention (EPC) lies with the Contracting States themselves when meeting at a Conference of the Contracting States. In contrast, the EPO acts as executive body of the Organisation.Gower's Report on Intellectual Property , para 1.34 Composition and competences The Administrative Council is composed of Representatives of the Contracting States and is responsible for overseeing the work of the European Pate ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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